At Cadem Law Group, we are excited to help our veterans in any way we can. Minnesota’s Veteran’s Mitigation Act helps us do just that.

What is the Minnesota Veteran’s Mitigation Act?

Minnesota Statute Section 609.1056 is a law allowing eligible military veterans charged with certain crimes to be placed on pre-trial diversion, without a conviction or jail time, provided they agree to comply with treatment and other rehabilitation. Eligible offenses include any misdemeanor or gross misdemeanor as well as most felonies. Minn. Stat. § 609.1056 Subd. 1(2).

What is pre-trial diversion?

Pre-trial diversion is typically a favorable resolution for a criminal charge because the defendant does not have to plead guilty and will not receive a criminal conviction on their record. Pre-trial diversion also typically means the defendant does not serve any jail time. In exchange, the defendant is typically required to participate in rehabilitative programming and sometimes pay a fine. Best of all, a prosecutor does not have a say in whether the defendant is granted the diversion. Only if the defendant does not comply with all of the terms of the pre-trial diversion agreement does the prosecutor then have the power to revive the criminal case as if the diversion never occurred.

What veterans are eligible for pre-trial diversion under this statute?

Any current or former member of the United States Military suffering from an “applicable condition” may be eligible for diversion on their criminal case provided the veteran can demonstrate their “applicable condition” stems from their military service and the offense was committed as result of the applicable condition. Minn. Stat. § 609.1056 Subd. 1a.

In what types of cases is this statute most used?

The unfortunate reality is that many military veterans return from their service with mental health conditions and/or chemical dependency issues. Left untreated, veterans with these burdens frequently find themselves involved with the criminal justice system usually in the form of Driving While Impaired or Assault charges. Under Minnesota law, aggravated Driving While Impaired convictions are frequently accompanied by executed jail time especially if the defendant has prior Driving While Impaired convictions. Minn. Stat. § 169A.275. These penalties can be avoided with a pre-trial diversion agreement under the Veteran’s Mitigation Act.

How does a veteran show they are eligible for the Veteran’s Mitigation Act?

Veterans charged with eligible offenses will have the burden to show the court that they meet the qualifications under the statute. This is typically accomplished by submitting records obtained from the Veteran’s Administration. Specifically, the court will need documentation verifying their military service and military related disabilities. The court needs to verify that any chemical dependency and/or mental health conditions playing a role in the criminal charge stem from documented military service. It is also helpful, but not required, if the veteran can provide documentation showing past participation in chemical dependency and/or mental health treatment through the Veteran’s Administration.

At what stage in the criminal case should a veteran use the Veteran’s Mitigation Act?

Pre-trial diversion under the Veteran’s Mitigation Act can be explored after a formal charge has been filed. It must be explored before any trial, plea or sentencing hearing. While it is possible for a veteran to rewind a criminal sentencing in order to explore pre-trial diversion, the veteran will have numerous additional legal hurdles to overcome. As such, it is essential to have an attorney like those at Cadem Law Group who is experienced in navigating the Veteran’s Mitigation Act as soon as possible after a criminal charge is filed.

If you or a loved one is veteran facing criminal charges, we are here to help!

Call 218-739-HELP for a free consultation today.